A/HRC/33/53
to education, health, housing and a life free of violence. In response to the questionnaire,
Grupo Luna Nueva reported different kinds of violations: sexual and labour exploitation,
organ trafficking and the trading of girls for animals.
60.
Human trafficking flows originating from sub-Saharan Africa have occurred mostly
within the region, with the majority of victims being children. According to the United
Nations Office on Drugs and Crime, Africa and the Middle East accounted for 62 per cent
of the global share of trafficked children between 2010 and 2012, the highest proportion in
the world.
61.
In many countries of destination, migrant children commonly acquire a debt with the
trafficker/exploiter, who takes away their documents and uses threats and violence to
subdue them. The situation does not always improve when the children are sheltered with
local authorities. Children are said to be physically abused, both by civilians and by
government officials, as in the case of unaccompanied Zimbabwean children in Botswana
who were introduced illegally into the country.38
62.
Unaccompanied migrant children in the Democratic Republic of the Congo are
victims of labour exploitation. They carry out heavy work for little money, for example in
artisanal mining, a job that prevents them from going to school and does not provide
medical care.39 According to UNICEF, there are approximately 40,000 children working in
mines across southern Democratic Republic of the Congo. Unaccompanied migrant
children are sometime arrested and jailed in adult prisons, as there are no juvenile prisons.40
A similar situation prevails in Malaysia, a State that does not recognize refugees and
asylum seekers since it has not signed the 1951 Convention relating to the Status of
Refugees. Children are constantly harassed by law enforcement officers and many have
been captured and placed in immigration detention camps, where no difference is made
between minors and adults.41
63.
In India, as in other countries in Asia, the exploitation starts from the time children
leave home for the cities. On their way, they fear getting caught by the police. Once in the
hands of an “agent”, they are taken to an agency and kept there until work is found for
them. Physical and sexual abuse by agents and employers has been reported.42 In
Bangladesh, similar cases of abuse have been reported.
64.
Migrant children in Spain, whether accompanied or not, are subject to a regime that
requires the administration to consider the best interests of the child in all proceedings
affecting them. Nonetheless, there is no authority yet that specifically deals with children
and young migrants.43
65.
Through its General Law on the Rights of Children and Adolescents, Mexico
recognizes children and adolescents as rights holders and guarantees the full exercise,
respect, protection and promotion of their human rights. All children are full subjects of the
law. Therefore, they should enjoy the fundamental rights they are entitled to in their special
capacity as persons in development, which are protected and embodied in international
human rights instruments like the Convention on the Rights of the Child. In Mexico as is in
many countries in Latin America, despite national and international laws and the important
38
39
40
41
42
43
12
Reports by Terre des Hommes Zimbabwe.
Information provided by Congregation of Our Lady of Charity of the Good Shepherd, Democratic
Republic of the Congo.
Ibid.
Congregation of Our Lady of Charity of the Good Shepherd, Malaysia.
Information provided by Caritas India.
Information provided by the national ombudsman of Spain.
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